2017 News Report On Body's Identity: Delhi HC Allows Murder Convict To Lead Additional Evidence [Read Order]

New Delhi: The Delhi High Court has allowed a convict facing a sentence of life imprisonment in a murder case to lead additional evidence in his appeal, in the form of a 2017 newspaper report suggesting that the identity of the deceased was publicly known a day after the body was found, while the prosecution says it remained unidentified until its eyewitness came forward.

A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja passed the order on 18.08.2026 in Crl.A. 887/2024, Sunil Rajan Jaat v. State of NCT of Delhi. The appellant had applied under Section 432 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 391 of the Code of Criminal Procedure, 1973) to place on record a report dated 03.05.2017, titled "Man's half-burnt body found in Tikona Park", published on the India Today website.

The appellant's counsel submitted that the report was necessary to prove his defence and that it came to his knowledge only after his conviction by the Special Judge. The Additional Public Prosecutor opposed the application, arguing that the article could not be taken into evidence without proof and that allowing it would reopen the trial. He submitted that, at the highest, the publication establishes that a report was published, not the truth of its contents, and that neither the reporter nor anyone from the Press Trust of India or India Today with knowledge of the source of the information had been examined.

The Bench recalled the prosecution case as summarised in the impugned order. On 02.05.2017, a PCR call reported a burnt body at Shri Narsingh Giri Udyan (Tikona Park) in Civil Lines. The male body, partially burnt with its hands and mouth tied, was found unidentified, and FIR was registered under Sections 302 and 201 of the IPC against unknown persons. On 06.05.2017, an eyewitness, Ravi (PW-1), came forward and said that on 29.04.2017 he had seen the appellant and co-accused Jeevan quarrelling with, chasing and taking the deceased into the park. Both accused were arrested the next day, and an iron rod and a stone were recovered on 08.05.2017 at the appellant's instance.

The Court noted that, on the prosecution's own case, the body remained unidentified until 06.05.2017, when the eyewitness came forward. If the newspaper report is accepted in evidence, it said, it would show that the identity of the dead body was in public knowledge on 03.05.2017 itself. The Bench made it clear that it was not determining how the appellant would prove the report or what its effect would be on the prosecution's case, but held that "the said evidence will have some bearing on the outcome of the appeal" at this stage.

The Bench relied on the Supreme Court's decision in Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158, which holds that an appellate court can, in its discretion, admit additional evidence to prevent a wrongful conviction, and that the admissibility of evidence under Section 391 CrPC is distinct from its reliability, evidentiary value and ultimate consideration on the merits of the appeal.

Keeping in view that the appellant faces a sentence of life imprisonment, the Court deemed it necessary and proper to allow him to lead further evidence on the article, and allowed the application. It said that how the appellant will prove the article, and its evidentiary value and effect, will be considered once the additional evidence is led.

The appellant has been directed to file a list of witnesses within four weeks. The appeal has been listed before the Joint Registrar (Judicial) on 05.10.2026 for recording the additional evidence, limited only to the article.

Appearances:

For the Appellant: Ms. Cauveri Birbal, Mr. Harshit Deshwal, Mr. Yash Sharma and Ms. Pareksha Gaur, Advocates.

For the State: Mr. Aman Usman, APP, with Mr. Manvendra Yadav, Advocate.

Case Title: Sunil Rajan Jaat vs. State of NCT of Delhi, Crl.A. 887/2024

[Read Order]